How to Settle a Warrant in Debt

What’s the Best Way to Try to Settle a Warrant in Debt?
Do you want to avoid garnishment (and avoid bankruptcy) by negotiating your warrant in debt?  I get asked about that a lot. So here’s my best advice.
Go to court and Ask for a Trial
It doesn’t hurt to offer to settle before the court date, but low ball them. They will think you are scared to go to court, so they have no reason to make a good offer.
So show up on the warrant in debt hearing date, and ask the judge for a trial date and a bill of particulars.  “Your honor, I want a trial and a bill of particulars.”
Now, talk to the Lawyer in the Hallway.
Wait for the creditor lawyer to finish all their cases, then catch them in the hallway.  Now they know you are NOT afraid of court; and you are prepared to fight.  (And that your have probably talked to a lawyer.) That’s the time when they have the most incentive to settle.
Talk to the lawyer in the hallway about your offer to settle.
They don’t know if you will be prepared to battle at the trial date; they don’t know if you are stalling for time to file bankruptcy. Because they don’t know, they MIGHT accept a reasonable offer.
The Lawyer Won’t Actually Negotiate in the Hallway
Their lawyer didn’t come expecting you to be there and offer to negotiate, so they won’t have settlement authority. But they can take your offer back to their office and pass on for approval. Put your offer in writing. (Keep a copy.) And they will also pass on that you came to court and know your rights.
Now, feel free to follow up. Call the office and repeat your settlement offer. Don’t act panicked, but do expect an answer in reasonable time.
What if they Won’t Settle
If they won’t settle, I’m a bankruptcy lawyer. Get back to me and find out what bankruptcy can do for you.
 
 
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